Before winning election, Kaufert accused Neenah mayor of violation

Apr. 2, 2014

Written by

Post-Crescent Media

NEENAH — Mayor George Scherck violated a state election law by using taxpayer money to print and distribute 11,000 city newsletters that contained his message and photograph on the cover.

The newsletters arrived in mailboxes late last week, just days before Scherck, a three-term incumbent, faced off against challenger Dean Kaufert in the mayoral election.

Kaufert brought the violation to the attention of City Attorney Jim Godlewski. The law prohibits candidates from using taxpayer money to distribute 50 or more pieces of “substantially identical material” from their governmental office.

Scherck said he thought the newsletter was permissible because the content was neutral. Scherck’s message encouraged residents to vote, though not necessarily for him. “Who you vote for is your choice,” he said in the newsletter.

The law, though, applies irrespective of the content. Scherck said he knows that now.

“Clearly it was an error, and it was an error on my part, nobody else’s,” Scherck said. “I have to accept full responsibility for it.”

Kaufert said he won’t file a complaint with the district attorney’s office, but he couldn’t guarantee that his supporters wouldn’t. He said city officials should have known the law.

“I do believe it was unethical,” Kaufert said. “He got a free mailing.”

Godlewski said he wasn’t aware of the law until contacted by Kaufert. He characterized it as “an inadvertent violation.”

Godlewski said the city will change its policy to prevent candidates from appearing in the spring newsletter. “It won’t happen again,” he said.

Neenah has been mailing the spring newsletter shortly before the spring election since 2003 because it provides basic election information like poll hours. Scherck always is on the cover, meaning he likely violated the law in the 2006 and 2010 mayoral elections.

Godlewski said the maximum penalty for a violation is a $500 forfeiture.